Illinois General Assembly - Full Text of SB0457
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Full Text of SB0457  100th General Assembly


Rep. Will Guzzardi

Filed: 5/14/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 457 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Food Handling Regulation Enforcement Act is
5amended by changing Section 4 as follows:
6    (410 ILCS 625/4)
7    Sec. 4. Cottage food operation.
8    (a) For the purpose of this Section:
9    A food is "acidified" if: (i) acid or acid ingredients are
10added to it to produce a final equilibrium pH of 4.6 or below;
11or (ii) it is fermented to produce a final equilibrium pH of
124.6 or below.
13    "Canned food" means food preserved in air-tight,
14vacuum-sealed containers that are heat processed sufficiently
15to enable storing the food at normal home temperatures.
16    "Cottage food operation" means an operation conducted by a



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1person who produces or packages food or drink, other than foods
2and drinks listed as prohibited in paragraph (1.5) of
3subsection (b) of this Section, in a kitchen located in that
4person's primary domestic residence or another appropriately
5designed and equipped residential or commercial-style kitchen
6on that property for direct sale by the owner, a family member,
7or employee.
8    "Cut leafy greens" means fresh leafy greens whose leaves
9have been cut, shredded, sliced, chopped, or torn. "Cut leafy
10greens" does not mean cut-to-harvest leafy greens.
11    "Department" means the Department of Public Health.
12    "Equilibrium pH" means the final potential of hydrogen
13measured in an acidified food after all the components of the
14food have achieved the same acidity.
15    "Farmers' market" means a common facility or area where
16farmers gather to sell a variety of fresh fruits and vegetables
17and other locally produced farm and food products directly to
19    "Leafy greens" includes iceberg lettuce; romaine lettuce;
20leaf lettuce; butter lettuce; baby leaf lettuce, such as
21immature lettuce or leafy greens; escarole; endive; spring mix;
22spinach; cabbage; kale; arugula; and chard. "Leafy greens" does
23not include microgreens or herbs such as cilantro or parsley.
24    "Main ingredient" means an agricultural product that is the
25defining or distinctive ingredient in a cottage food product,
26though not necessarily by predominance of weight.



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1    "Microgreen" means an edible plant seedling grown in soil
2or substrate and harvested above the soil or substrate line.
3    "Potentially hazardous food" means a food that is
4potentially hazardous according to the Department's
5administrative rules. Potentially hazardous food (PHF) in
6general means a food that requires time and temperature control
7for safety (TCS) to limit pathogenic microorganism growth or
8toxin formation.
9    "Sprout" means any seedling intended for human consumption
10that was produced in a manner that does not meet the definition
11of microgreen.
12    (b) Notwithstanding any other provision of law and except
13as provided in subsections (c), (d), and (e) of this Section,
14neither the Department nor the Department of Agriculture nor
15the health department of a unit of local government may
16regulate the transaction of food or drink by a cottage food
17operation providing that all of the following conditions are
19        (1) (Blank).
20        (1.5) A cottage food operation may produce homemade
21    food and drink. However, a cottage food operation, unless
22    properly licensed, certified, and compliant with all
23    requirements to sell a listed food item under the laws and
24    regulations pertinent to that food item, shall not sell or
25    offer to sell the following food items or processed foods
26    containing the following food items, except as indicated:



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1            (A) meat, poultry, fish, seafood, or shellfish;
2            (B) dairy, except as an ingredient in a
3        non-potentially hazardous baked good or candy, such as
4        caramel, subject to paragraph (1.8);
5            (C) eggs, except as an ingredient in a
6        non-potentially hazardous baked good or in dry
7        noodles;
8            (D) pumpkin pies, sweet potato pies, cheesecakes,
9        custard pies, creme pies, and pastries with
10        potentially hazardous fillings or toppings;
11            (E) garlic in oil or oil infused with garlic,
12        except if the garlic oil is acidified;
13            (F) canned foods, except for the following, which
14        may be canned only in Mason-style jars with new lids:
15                (i) fruit jams, fruit jellies, fruit
16            preserves, or fruit butters; ,
17                (ii) syrups;
18                (iii) whole or cut fruit canned in syrup; and
19                (iv) acidified fruit or vegetables prepared
20            and offered for sale in compliance with paragraph
21            (1.6); and
22                (v) condiments such as prepared mustard,
23            horseradish, or ketchup that do not contain
24            ingredients prohibited under this Section and that
25            are prepared and offered for sale in compliance
26            with paragraph (1.6);



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1            (G) sprouts;
2            (H) cut leafy greens, except for cut leafy greens
3        that are dehydrated, acidified, or blanched and
4        frozen;
5            (I) cut or pureed fresh tomato or melon;
6            (J) dehydrated tomato or melon;
7            (K) frozen cut melon;
8            (L) wild-harvested, non-cultivated mushrooms; or
9            (M) alcoholic beverages; or
10            (N) kombucha.
11        (1.6) In order to sell canned tomatoes or a canned
12    product containing tomatoes, a cottage food operator shall
13    either:
14            (A) follow exactly a recipe that has been tested by
15        the United States Department of Agriculture or by a
16        state cooperative extension located in this State or
17        any other state in the United States; or
18            (B) submit the recipe, at the cottage food
19        operator's expense, to a commercial laboratory to test
20        that the product has been adequately acidified; use
21        only the varietal or proportionate varietals of tomato
22        included in the tested recipe for all subsequent
23        batches of such recipe; and provide documentation of
24        the test results of the recipe submitted under this
25        subparagraph to an inspector upon request during any
26        inspection authorized by paragraph (2) of subsection



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1        (d).
2        (1.7) A State-certified local public health department
3    that regulates the service of food by a cottage food
4    operation in accordance with subsection (d) of this Section
5    may require a cottage food operation to submit a canned
6    food that is subject to paragraph (1.6), at the cottage
7    food operator's expense, to a commercial laboratory to
8    verify that the product has a final equilibrium pH of 4.6
9    or below.
10        (1.8) A State-certified local public health department
11    that regulates the service of food by a cottage food
12    operation in accordance with subsection (d) of this Section
13    may require a cottage food operation to submit a recipe for
14    any baked good containing cheese, at the cottage food
15    operator's expense, to a commercial laboratory to verify
16    that it is non-potentially hazardous before allowing the
17    cottage food operation to sell the baked good as a cottage
18    food.
19        (2) The food is to be sold at a farmers' market, with
20    the exception that cottage foods that have a locally grown
21    agricultural product as the main ingredient may be sold on
22    the farm where the agricultural product is grown or
23    delivered directly to the consumer.
24        (3) (Blank).
25        (4) The food packaging conforms to the labeling
26    requirements of the Illinois Food, Drug and Cosmetic Act



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1    and includes the following information on the label of each
2    of its products:
3            (A) the name and address of the cottage food
4        operation;
5            (B) the common or usual name of the food product;
6            (C) all ingredients of the food product, including
7        any colors, artificial flavors, and preservatives,
8        listed in descending order by predominance of weight
9        shown with common or usual names;
10            (D) the following phrase: "This product was
11        produced in a home kitchen not subject to public health
12        inspection that may also process common food
13        allergens.";
14            (E) the date the product was processed; and
15            (F) allergen labeling as specified in federal
16        labeling requirements.
17        (5) The name and residence of the person preparing and
18    selling products as a cottage food operation is registered
19    with the health department of a unit of local government
20    where the cottage food operation resides. No fees shall be
21    charged for registration. Registration shall be for a
22    minimum period of one year.
23        (6) The person preparing or packaging products as a
24    cottage food operation has a Department approved Food
25    Service Sanitation Management Certificate.
26        (7) At the point of sale a placard is displayed in a



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1    prominent location that states the following: "This
2    product was produced in a home kitchen not subject to
3    public health inspection that may also process common food
4    allergens.".
5    (c) Notwithstanding the provisions of subsection (b) of
6this Section, if the Department or the health department of a
7unit of local government has received a consumer complaint or
8has reason to believe that an imminent health hazard exists or
9that a cottage food operation's product has been found to be
10misbranded, adulterated, or not in compliance with the
11exception for cottage food operations pursuant to this Section,
12then it may invoke cessation of sales of cottage food products
13until it deems that the situation has been addressed to the
14satisfaction of the Department.
15    (d) Notwithstanding the provisions of subsection (b) of
16this Section, a State-certified local public health department
17may, upon providing a written statement to the Department,
18regulate the service of food by a cottage food operation. The
19regulation by a State-certified local public health department
20may include all of the following requirements:
21        (1) That the cottage food operation (A) register with
22    the State-certified local public health department, which
23    shall be for a minimum of one year and include a reasonable
24    fee set by the State-certified local public health
25    department that is no greater than $25 notwithstanding
26    paragraph (5) of subsection (b) of this Section and (B)



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1    agree in writing at the time of registration to grant
2    access to the State-certified local public health
3    department to conduct an inspection of the cottage food
4    operation's primary domestic residence in the event of a
5    consumer complaint or foodborne illness outbreak.
6        (2) That in the event of a consumer complaint or
7    foodborne illness outbreak the State-certified local
8    public health department is allowed to (A) inspect the
9    premises of the cottage food operation in question and (B)
10    set a reasonable fee for that inspection.
11    (e) The Department may adopt rules as may be necessary to
12implement the provisions of this Section.
13(Source: P.A. 99-191, eff. 1-1-16; 100-35, eff. 1-1-18.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".